Example Cases

 

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Automobile Collision/Car Collision/Head on Collision

Cobb County Bar Newsletter

8-19-2003

Our Client was driving her car on Austell Road in Cobb County, Georgia, when she was hit head on by a man (the Defendant) drivng a F 100 pick up truck. The head on collision caused serious and permanent injury to our client. Our Client had an ankle fracture that required surgery with pins, screws, and a rod in her lower right leg bone. We refused to settle the case for amount that State Farm offered to pay. The jury returned a verdict for $532,000 for our client's pain and suffering damages. State Farm insured the Defendant.  State Farm appealed the Judgment to the Georgia Court of Appeals. We won the appeal when the Georgia Court of Appeals ruled that there were no reversible errors in the jury trial.

Automobile Collision/Car Collision/Serious Personal Injuries

 

09.22.01

 

Our client was attempting to turn left from Callaway Road onto Austell Road in Cobb County, Georgia. The other driver hit the side of our client's vehicle. Our client suffered serious personal injuries. We documented the liability issue and damages. We made a detailed and lengthy written demand on Allstate insurance, the other driver's auto liability insurer and our client's auto under insured coverage insurer. Allstate paid to settle our client's claim before we were forced to file a complaint.

Automobile Collision/Car Collision/Wrongful Death

Article from the Marietta Daily Journal Newspaper

10.02.97

We represented the Parents of a young man who was a passenger in car that was involved in a serious car wreck. The young man died from head injuries suffered in the car wreck. He was not at fault in causing the wreck. We filed a wrongful death lawsuit against the drivers who were at fault in causing the car wreck. The case was settled for a large amount before the jury trial was to start.

Automobile Collision / State Farm uninsured/ underinsured (U/M) policy provision dispute/ GTLA Amicus (Friend of the Court) Georgia Supreme Court reverses the Georgia Court of Appeals  in Dees v Logan.


1) Amicus Brief in Support of the Appellants in the Georgia Court of Appeals,

2) Amicus Brief in Support of the Appellants' Petition for Certiorari to the Georgia Surpreme Court, and

3) Amicus Brief in Support of the Appellants in the Gerogia Supreme Court .

11-21-2007

 

The Georgia Trial Lawyers Association's Amicus Committee asked me to research and write Amicus ( Friend of the Court) Briefs in the case of Dees et al v Logan 281 GA App 837 (637 SE2d 424) (2006)  It is a very important case that affects all consumers who hope to receive full benefits under their U/M auto insurance. I spent over 80 hours over  many months without pay researching and writing three separate Amicus Briefs.

Clyde Rickard , the lawyer for the Dees, did an outstanding job on the appeals.

 

The Georgia Court of Appeals denied the first level of Appeal in Dees V Logan. We did not give up. The Dees filed an application for Writ of Certiorari to the Georgia Supreme Court. Very few Writs of Cert are granted by the Georgia Supreme Court. The Georgia Supreme Court granted a Writ of Certiorari for the Dees. Clyde Rickard and I both made oral arguments before the Georgia Supreme Court. The Georgia Supreme Court in an unanimous (7 to 0) decision reversed the Georgia Court of Appeals and ruled for the Dees. See Dees et al v Logan Georgia Supreme Court case number S07G0290 decided on 11-21-2007.

BRIEF OF AMICUS CURIAE

                                       GEORGIA TRIAL LAWYERS ASSOCIATION

                              IN SUPPORT OF APPELLANTS IN THE CASE WHERE

                    STATE FARM'S COLLATERAL SOURCE REDUCTION PROVISION

                             IN AN UNINSURED/UNDERINSURED MOTORIST ("U/M")

                                          INSURANCE POLICY IS UNENFORCEABLE

                          BECAUSE IT CONFLICTS WITH GEORGIA'S U/M STATUTE

                                                   AND GEORGIA'S PUBLIC POLICY

Automobile Collision Uninsured/Underinsured Motorist Insurance

Senate Bill SB 276 Georgia Legisaltion passed in 2008

Article from the Verdict Magazine GTLA Spring /Summer edition 2008 , page 23

10-7-08

Legislative Report To GTLA (Georgia Trial Lawyers Association)

By William T. Clark

Political Affairs Director

Georgia Trial Lawyers Association

TTTTThe The 2008 session of the Georgia General Assembly brought to a close another two-year term of the Legislature. Although we have achieved a number of minor proactive victories (and many defensive victories) in recent years at the Legislature, 2008 marked GTLA’s “return to victory lane” with the passage of SB276, the UM Stacking bill, a MAJOR piece of proactive legislation for Georgia consumers. This was the culmination of a two-year effort to enable Georgia consumers to purchase stackable uninsured motorist coverage that will enable Georgia insureds to, as we said many times during this effort, “get what they paid for.”

          Although the final version of the bill that passed did not have everything that everyone wanted and did not eliminate insurers’ ability to sell consumers insurance policies without stackable UM coverage, the bill does give the insurancebuying public the opportunity to choose stackable UM coverage; it does provide that stackable UM coverage will be

the default (just like the inclusion of UM coverage in a policy is the default currently, instead of NOT including UM coverage); and, contrary to the misconceptions of some, it did preserve most of the victory achieved by GTLA members in the case of Dees v. Logan and it thwarted the insurers’ attempt to reverse Dees.

          Because this bill, like most success stories, has many heroes, I want to take a minute here to thank many of them. First, I want to thank GTLA’s Executive Committee and Legislative Committee of the past two years. Under the leadership of two presidents (Robin Clark and Joe Watkins) and two chairmen (Chan Caudell and Buck Rogers), these two committees spent untold hours working on this bill, strategizing our political moves, guiding and directing your Legislative Staff, researching and drafting amendments and responding to amendments put forth by ‘the other side.’ I could almost literally mention every member of those two committees over the past twoyears and cite a specific example of how each of them was helpful on this bill.

          I also want to thank Matt Flournoy and Matt Nasrallah of Marietta for their many, many hours of research, drafting, offering suggestions and advice, and other work to preserve the bulk of the benefits of the Dees v. Logan case as the insurance industry attempted to decimate those benefits through amendments to SB276. Their experience with the Dees case (on behalf of the GTLA Amicus Committee) was absolutely invaluable to our efforts against the insurance industry and their bevy of influential lobbyists and lawyers.

          Led by an engaged Executive Committee and a hard-working Legislative Committee, your GTLA Legislative Staff hit the ground running well before the opening bell of the 2008

session. Throughout the session, your GTLA staff tracked more than 200 specific bills

and closely monitored dozens more that could have improved the civil justice system, that

could have threatened the civil justice system or that could have been amended to help or

harm the system..

Black Box/Crash Data Recorder/Motor Vehicle Product Liability/Sudden or Unwanted Acceleration/Defective car

Article from the Daily Report, a newspaper for Lawyers, published in Atlanta, Georgia

04.28.00

We represented three victims and their families of a one vehicle wreck caused by unwanted /sudden acceleration of a General Motors car. General Motors denied responsibility. We filed a motion to compel GM to reveal the Secret Black Box Crash Data Recorder Data. The Cobb County State Judge ruled in our favor. GM had to produce it. The case settled for a large sum before the jury trial was to start.

Deck Collapsing Away from House/Premises Liability /Serious Injuries

Complaint filed in Court

05.25.02

Our client was invited to an afternoon graduation party at a neighbor's house.. Guests gathered on the wooden deck in the back of the house. Suddenly the deck collapsed over 10 feet down with the guests on it. Our client suffered serious injuries to her wrist, arm, and shoulder. She had to have surgery with pins and screws inserted in her body. Her medical expenses were over $100,000. The deck was not properly bolted to the house. The wood deck joist attached to the house was partially rotted. Only short smooth nails were used to attach the deck to the house. State Farm, the homeowner's insurer, denied any legal responsibility. The case was settled after we filed a complaint. Here is the complaint.

Ford Motor Company/Defective Lap Only Seatbelt System in the Rear Seat of a Ford Escort/Product Liability/Paralysis of a young girl

Complaint filed in Court

2004

We represented a young girl and her parents in a case against Ford Motor Company. The young girl was a passenger properly belted  in the outboard seat in a 1989 Ford Escort. This car''s rear seats were equiped with only a lapbelt (two point system) and not a lap and shoulder seat belt ( three point system). In a minor head on collsion where the front seat occupantswere wearing the three point system and experienced only minor injuries, the young girl was permanently paralyzed when she jack knifed over the lap only belt.

In the complaint we alleged defective design and failure to warn. Ford denied wrongdoing. While on appeal to the Georgia Court of Appeals the case was settled in 2004.

General Motors Corporation/ Defective Car/Product Liability/Sudden or Unwanted Acceleration/Defective car/Catastrophic Injuries/Wrongful Death

Article in the Product Liability Law Reporter of the Association of Trial Lawyers of America (ATLA)

10.00

We represented three victims and their families for a one vehicle wreck caused by unwanted /sudden acceleration of a General Motors car. General Motors denied responsibility. We filed a motion to compel GM to reveal the Secret Black Box Crash Data Recorder Data. The Cobb County State Judge ruled in our favor. GM had to produce it. The case settled for a large sum before the jury trial was to start.

Home Depot/Premises Liability/Carpet cart knocked on top of Customer by Home Depot Employee/ Serious Injuries/ Other Similar Incidents (OSI) where customers were hurt in Home Depot/ Discovery Dispute with Home Depot

Article in the Atlanta Business Chronicle Newspaper

07.24.03

A Home Depot employee ( never identified by Home Depot) operated a carpet carousel machine causing a 175 pound carpet cart to be knocked on top of Mrs. Elliott, a customer at a Home Depot Store. The carpet cart was so heavy that good Samaritan customers had to lift it off of her. Mrs Elliott's leg and low back were hurt. She had to have low back surgery.

Home Depot refused to comply with our discovery requests. We had to file a motion to compel Home Depot to reveal other Similar Incidents (OSI) where customers had been injured in the carpet department. The Judge ordered Home Depot to reveal OSI's . We conducted a five day jury trial in Cobb County. To our shock he jury found in favor of Home Depot. We appealed the verdict to the Georgia Court of Appeals.

K Mart/Premises Liability /Dangerous Condition/Falling display metal cage with Balls on Customer/Serious Personal Injuries

Article from the Daily Report, a newspaper for Lawyers, published in Atlanta, Georgia

03.03.99

Mrs Capilos was shopping in a K Mart store. A tall metal display full of balls toppled on top of her knocking her to the floor. She suffered neck and low back injuries. She had to have two surgeries. At first K Mart blamed phantom customers and then Mrs Capilos' children for toppling the display. K Mart took a hard line, even though no such proof existed. K Mart had just completed a floor move. K Mart failed to re anchor the display with metal brackets. We conducted a four day jury trial in Cobb. K Mart appealed the verdict. We settled the case for a substantial amount while on appeal.

Medical Malpractice/Failure to Timely  Perform a C Section/Failure to Discontinue Pitocin in the Presence of Fetal Distress/Failure to Timely Recognize Fetal Distress/Cerebral Palsy/Brain Damage//Catastrophic Injuries

Complaint filed in Court

2003

We represented the parents and their child in a medical malpractice lawsuit against the medical doctor who delivered the child and the Hospital where the child was delivered. In the complaint we alleged that the medical doctor and the hospital were negligent when they failed to timely to perform a C section. The fetal heart monitoring strips were critical to our case.We alleged that the feal heart monitoring strips showed that the child was in distress and should have been delivered sooner. The Defendants denied wrong doing. We had a specially set jury trial date in July of 2005. Prior to the jury trial date, the case settled during mediation. The Trial Judge approved the terms of the settlement.

Motorcycle Collision/Automobile Collision/Car Collision/Serious Personal Injuries

 

10.05.02

 

Our client was a passenger riding on the back of a motorcycle going southbound on I-285 in Atlanta, Fulton County, Georgia. A car failed to yield the right of way when it merged into the motorcycle. Our client's right ankle and foot were crushed. State Farm paid to settle this case before we were forced to file a complaint.

Nursing Home Abuse/Neglect/Overmedication/Malnutrition/Pressure Sores/Physical Abuse/Attempted Cover Up/Negligent Records Keeping/Wrongful Death

Complaint filed in Court

8-27-2004

We represented the adult children of a woman who was a patient in the A.G. Rhodes Home-Cobb Inc, a licensed long term nursing home facility located on Wylie Road in Marietta, Georgia. In the complaint we alleged that the defendants were negligent in their care of their patient. We alleged Overmedication, Malnutrition, Pressure Sores, Physical Abuse, Attempted Cover Up, Negligent Records Keeping, and Wrongful Death. The .Defendants denied wrong doing.  Before the jury trial started, we settled the case.

Police Officer car collision/Georgia State Trooper car collision/Chasing a Speeder in congested area/Sovereign Immunity

Amicus (Friend of the Court) Brief to the Georgia Court of Appeals for the Georgia Trial Lawyers Association (GTLA)

1998

A Georgia State Trooper was chasing a car in a congested area. The Officer hit another innocent driver causing serious personal injury. Georgia asserted Sovereign Immunity as a defense. Matt Flournoy on behalf of the Georgia Trial Lawyers Association (GTLA ) wrote and FiIed this Amicus (Friend of the Court) Brief to the Georgia Court of Appeals. Matt Flournoy served on GTLA's Amicus Committee for several years.

Police officer causes head on car collision/Serious Injuries/Sovereign Immunity

Article from the Marietta Daily Journal Newspaper

10.29.94

A Cobb County Police Officer was driving his Cobb Police to an car collision scene when he crossed the center line on a road and hit our client's car on head. After an investigation by the Cobb STEP Unit, the officer was determined to be at fault. Our client suffered a broken leg and ankle. Her chest was injured also. Cobb County had no auto liability insurance to cover our clients injuries. We sued Cobb County to challenge sovereign immunity. We settled the case with Cobb County a few days before a scheduled hearing before the Cobb County Trial Judge.

Police officer causes head on car collision/Serious Injuries/Sovereign Immunity

Article from the Marietta Daily Journal Newspaper

10.24.94

A Cobb County Police Officer was driving his Cobb Police to an car collision scene when he crossed the center line on a road and hit our client's car on head. After an investigation by the Cobb STEP Unit, the officer was determined to be at fault. Our client suffered a broken leg and ankle. Her chest was injured also. Cobb County had no auto liability insurance to cover our clients injuries. We sued Cobb County to challenge sovereign immunity. We settled the case with Cobb County a few days before a scheduled hearing before the Cobb County Trial Judge.

Premise Liability /Dangerous Condition/Falling display metal cage with Balls on Customer/Serious Personal Injuries

Letter from the Executive Director of the Georgia Trial Lawyers Association

03.04.99

Mrs Capilos was shopping in a K Mart store. A tall metal display full of balls toppled on top of her knocking her to the floor. She suffered neck and low back injuries. She had to have two surgeries. At first K Mart blamed phantom customers and then Mrs Capilos' children for toppling the display. K Mart took a hard line, even though no such proof existed. K Mart had just completed a floor move. K Mart failed to re anchor the display with metal brackets. We conducted a four day jury trial in Cobb. K Mart appealed the verdict. We settled the case for a substantial amount while on appeal to the Georgia Court of Appeals.

Railroad/Norfolk Southern/Nuisance/Intermodal Facility in the city of Austell in Cobb County, Georgia/Three week long jury trial in Cobb County, Georgia

Letter from the General Counsel of Norfolk Southern to Matt Flournoy

11.13.00

We were hired to represent an engineer in a very complex lawsuit in Cobb County Georgia. Our client was sued along with his employer Norfolk Southern Railroad. Cobb County government sued to stop Norfolk Southern from building an Intermodal Facility in the city of Austell Georgia. Austell had approved the building. During the trial many experts testified. The jury deliberated for days. The verdict made our client and his employer the winners over Cobb County Government. Cobb County appealed the verdict. We settled the case while it was on appeal.

Railroad/Norfolk Southern/Nuisance/Intermodal Facility in the city of Austell in Cobb County, Georgia/Three week long jury trial in Cobb County, Georgia

Article in Marietta Daily Journal Newspaper

10.31.00

We were hired to represent an engineer in a very complex lawsuit in Cobb County Georgia. Our client was sued along with his employer Norfolk Southern Railroad. Cobb County government sued to stop Norfolk Southern from building an Intermodal Facility in the city of Austell Georgia. Austell had approved the building. During the trial many experts testified. The jury deliberated for days. The verdict made our client and his employer the winners over Cobb County Government. Cobb County appealed the verdict. We settled the case while it was on appeal.

Railroad/Norfolk Southern/Nuisance/Intermodal Facility in the city of Austell in Cobb County, Georgia/Three week long jury trial in Cobb County, Georgia

Article in Marietta Daily Journal Newspaper

09.27.00

We were hired to represent an engineer in a very complex lawsuit in Cobb County Georgia. Our client was sued along with his employer Norfolk Southern Railroad. Cobb County government sued to stop Norfolk Southern from building an Intermodal Facility in the city of Austell Georgia. Austell had approved the building. During the trial many experts testified. The jury deliberated for days. The verdict made our client and his employer the winners over Cobb County Government. Cobb County appealed the verdict. We settled the case while it was on appeal.

Truck Collisions/Tractor Trailer Collisions/Automobile Collisions/Car Collisions/Wrongful Death

Complaint filed in Court

03.25.00

Two Tractor Trailer Trucks were driving west on I-20. Annie Guy was driving a Ford Ranger pickup truck west on I-20 also.. One Tractor Trailer hit her left rear quarter panel causing her to lose control and drive under the other tractor trailer . Her pickup truck rolled and she was seriously injured. She died later the same day. We located eye witnesses (not all listed on the MVA Report) who testified that the two tractor trailer trucks were racing and playing games with each other . The truck drivers denied any wrong doing. We filed this Complaint. After we conducted extensive discovery, the defendants wanted to mediate the case. During mediation we settled the case.

 

 

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